5 Charged With Unlawful Possession Of Same Gun In Montclair

MONTCLAIR, NJ — Police officers stopped a car carrying five occupants. They found a loaded gun in the vehicle. Nobody admitted it was theirs. And that’s how five different people ended up getting charged with the unlawful possession of the same handgun earlier this month, Montclair police said.

Here’s how the arrest happened on April 17, according to police:

“A motor vehicle with five occupants was stopped on Maple Avenue. While speaking with the passengers, a loaded handgun was observed in the rear passenger seat. One of the vehicle’s passengers attempted to flee on foot but was apprehended after a foot pursuit.”

A juvenile from Montclair was charged with Unlawful Possession of a Handgun and Possession of Hollow-Point Bullets. Police also issued the following charges:

• David Boger, 19, of Newark - Unlawful Possession of a Handgun, Possession of Hollow-Point Bullets, Resisting Arrest by Flight, Possession of Marijuana
• Trevon Smith, 18, of Newark - Unlawful Possession of a Handgun, Possession of Hollow-Point bullets, Contempt of Court (No Bail Warrant out of East Orange)
• Naquil Wright, 18, of Montclair - Unlawful Possession of a Handgun, Possession of Hollow-Point Bullets
• Dayvon Savage, 20, of Newark - Unlawful Possession of a Handgun, Possession of Hollow-Point Bullets

When asked if charges like this have happened before in the township, Wilhelm Young of the Montclair Police Department provided the following statement to Patch:

“[It’s] not unusual when contraband is found in a vehicle and no one takes ownership. The weapon found was discarded in the vehicle by one of the defendants. Subsequently, no one claimed it. As per the [Essex County Prosecutor’s Office] on-call assistant prosecutor, everyone is charged. That has happened in the past. The term most often used is ‘Constructive Possession.’ Constructive Possession can be sole or joint, meaning either an individual or a group of two or more people can be charged with constructively possessing the same contraband. Often, it is hashed out in court. Regarding the custody, under those circumstances, there was enough probable cause for the arrest. This does not mean that you are guilty. That will be determined in court.”

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